DHSCCGHP0004

This scheme covers the Coast Guard's procedures for "enforcement and administration of all statutory penalty provisions that the Coast Guard is authorized to enforce." 33 CFR 1.07-1. If a prima facie case for finding a violation exists following an investigation by CG personnel, the District Commander forwards the case file to a Hearing Officer. The party in violation has the right to a hearing prior to a final penalty assessment by the Hearing Officer. The party must request a hearing or submit written evidence and arguments in lieu of a hearing, or else pay the specified penalties. Following the hearing, the Hearing Officer issues a written decision either assessing a penalty or dismissing the case (without prejudice, subject to refiling by District Commander; a dismissal following the rehearing is final). A party assessed a penalty has the right to an administrative appeal. Appeals are decided by the Commandant of the Coast Guard, affirming/reversing/modifying the decision or remanding for additional proceedings.